Branch v. Mallory

Court of Appeals of Georgia

Branch v. Mallory

70 S.E. 177, 8 Ga. App. 797, 1911 Ga. App. LEXIS 151

Court of Appeals of Georgia·Decided February 15, 1911·No. 2667·Published·Cited by 5 cases

Opinion

Hill, C. J.

A party plaintiff in error is essential to the prosecution of a writ of error, and where no one is named or otherwise disclosed by the bill of exceptions as plaintiff in error, the writ, of error will be dismissed. This ftefect in the bill of exceptions is not amendable by the record in this court, as, without a plaintiff in error, there is no case. Swift v. [798]*798Thomas, 101 Ga. 89 (.28 S. E. 618); Orr v. Webb, 112 Ga. 806 (38 S. E. 98). Here there was no offer to amend. Writ of error dismissed.

Decided February 15, 1911. F. G. Foster, for Branch. J. J. Strickland, contra.

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Hill, C. J.

A party plaintiff in error is essential to the prosecution of a writ of error, and where no one is named or otherwise disclosed by the bill of exceptions as plaintiff in error, the writ, of error will be dismissed. This ftefect in the bill of exceptions is not amendable by the record in this court, as, without a plaintiff in error, there is no case. Swift v. [798]*798Thomas, 101 Ga. 89 (.28 S. E. 618); Orr v. Webb, 112 Ga. 806 (38 S. E. 98). Here there was no offer to amend. Writ of error dismissed.

Decided February 15, 1911. F. G. Foster, for Branch. J. J. Strickland, contra.

Branch v. Mallory, 70 S.E. 177, 8 Ga. App. 797, 1911 Ga. App. LEXIS 151 (Ga. Ct. App. 1911).

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Opinion

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